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2008 Supreme(SC) 1327

S.N.VARIAVA, H.K.SEMA
ASHA – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent


ADVOCATES APPEARED
R.S. Hegde, Chandra Prakash, A. Nagabhushanam, Ms Savithri Pandey and P.P. Singh, Advocates, for the Appellants;
A.K. Raina and Anil Kr. Jha, Advocates, for the Respondents.

Judgment

H.K. SEMA, J.- This appeal is against an order of the High Court of Karnataka dated 8-2-2000.

2. On 4-3-1996 there was an accident between two vehicles in which a person by name Arun Raikar was killed. He was working with the International Airport Authority of India. The appellants filed a claim before the Motor Accidents Claims Tribunal. The Motor Accidents Claims Tribunal awarded a sum of Rs 10,67,076. The Claims Tribunal held that there was contributory negligence and, therefore, directed that the amount be paid in equal proportion by the owners and insurer of both the vehicles.

3. The respondent (herein) along with the owner of the tempo (one of the vehicles) filed an appeal before the High Court. The High Court, by the impugned judgment, reduced the amount of compensation payable to Rs 8,79,176. The High Court has done this on the basis of a salary certificate which reads as follows:

"This is to certify that Mr A.M. Raikar, working as AG III in this organisation has been paid the following pay and allowances for the month of May 1995:

Earnings Amount Deductions Amount

Basic Rs 3420.00 CPF(S) Rs 488.00

Special pay Rs 70























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